ISSUES
IN THE NEGOTIATING PROCESS
Proposals to amend the lists in annexes I and II of the Convention

Introduction

Article 4.2(f) of the Convention provides as follows:

"The COP shall review, not later than 31 December 1998, available
information with a view to taking decisions regarding such amendments to the lists
in Annexes I and II as may be appropriate, with the approval of the Party concerned."

According to Article 16 of the Convention, procedures for proposing
and adopting amendments to the Convention’s annexes are the same as those set
out for amending the Convention itself under Article 15. That is, any Party may
propose amendments, which must be adopted at an ordinary session of the COP. The
text of any proposed amendment must be communicated to the Parties by the secretariat
at least six months before the meeting at which it is proposed for adoption. Parties
must make every effort to reach agreement on any proposed amendment by consensus.
However, if all efforts at consensus have been exhausted, and no agreement reached,
the amendment can, as a last resort, be adopted by a three-fourths majority vote
of the Parties present and voting at the meeting.

The text of the adopted amendment is then communicated to all
Parties by the Depositary (the UN Secretary-General). Amendments to the Convention’s
annexes enter into force for all Parties to the Convention six months after the
date of the communication by the Depositary, except for those Parties that have
notified the Depositary, in writing, within that period of their non-acceptance
of the annex. (Procedures for entry into force of amendments to the Convention
itself are different).

In accordance with Article 4.2(f), and in line with requests
by some Parties, COP 3 (Kyoto, December 1997) reviewed the lists of Parties included
in Annexes I and II. The review resulted in the adoption of decision 4/CP.3, whereby
the COP decided to delete the name of Czechoslovakia from Annex I, and to include
the names of Liechtenstein, Monaco, the Czech Republic, Slovakia, Croatia and
Slovenia. The latter four Parties were designated as "Countries that are
undergoing the process of transition to a market economy". This amendment
to Annex I entered into force on 13 August 1998.

Proposal to amend Annexes I and II to remove the
name of Turkey

Also at COP 3, Parties considered an amendment
proposed by Azerbaijan and Pakistan to delete the name of Turkey from the
lists in Annexes I and II. Turkey, which was not yet a Party to the Convention,
similarly requested the deletion of its name and submitted a position
paper in support of its request. Extensive consultations
were conducted by one of the COP Vice Presidents, at the request of the COP President,
but it proved impossible to reach a consensus on the proposal. The COP therefore
requested SBI 8 (June 1998) to consider the issue and to present a report to COP
4 (Buenos Aires, November 1998) for consideration and definitive action.

SBI 8 was unable to come to an agreed conclusion. Consequently, COP 4, after
considering the "National Report on Climate Change" submitted by Turkey,
adopted decision 15/C.P.4 whereby it decide to continue the review of this matter
under Article 4.2(f) at COP 5 (Bonn, October/November 1999).

At COP 5, the President of the COP offered to conduct informal consultations
on the proposed deletion of the name of Turkey from Annexes I and II, but in spite
of his extensive consultations, a consensus could not be reached. However, in
recognition of the efforts made by Turkey to advance the implementation of the
objective of the Convention though not a Party to it, COP 5 requested the President
to intensify his search for a satisfactory solution and decided to consider the
matter again at COP 6 (The Hague, November 2000).

Proposal to amend Annex I to add the name of Kazakhstan

At COP 5, Parties also considered an amendment
proposed by Kazakhstan to add its name to Annex I in accordance with Articles
15 and 16 of the Convention. The President of the COP conducted informal consultations
on the proposal but was unable to achieve consensus. The COP took note that Kazakhstan
maintained its proposal, and Parties decided to consider the proposed amendment
further at COP 6.

In the meantime, Kazakhstan, by a note verbale dated 20 June 2000 and
in accordance with Article 4.2(g) of the Convention, notified the Depositary that
it intends to be bound by the commitments of Annex I Parties set out in Article
4.2(a) and (b). By virtue of the notification and in accordance with Article 1.7
of the Kyoto Protocol (on the definition of the term "Party included in Annex
I"), Kazakhstan is now considered an Annex I Party under the Kyoto Protocol.
By that same note verbale, Kazakhstan indicated that its request to amend
Annex I should be excluded from the agenda of COP 6.

Latest developments

At COP 6, the Minister of Environment of Turkey made a new proposal,
whereby the name of Turkey would be deleted from Annex II, but would remain in
Annex I, with an accompanying footnote indicating that Turkey should enjoy favourable
conditions within "common but differentiated responsibilities", taking
into consideration its early stage of industrialization. This would be indicated
in the same manner as has been done for "countries that are undergoing the
process of transition to a market economy" (the EITs). The COP decided to
refer the proposal to the SBI for further consideration, with a view to the SBI
recommending a decision to COP 7 (Marrakesh, October/November 2001).

Kazakhstan has requested that its proposal to add its name to
Annex I be placed on the provisional agenda for COP 7.

Next steps

The proposals to amend Annex I by removing the name of Turkey
and adding the name of Kazakhstan are both on the provisional agenda for COP 7.
The proposals will first be considered by SBI 15 (meeting together with COP 7),
which will aim to formulate a decision for recommendation to the COP.

Documents for the upcoming session

FCCC/CP/2001/11

Proposal to amend the lists in
Annexes I and II of the Convention by removing the name of Turkey